Considerations for filing a petition of mutual settlement

851 votes

What needs to be considered for filing a petition of mutual settlement for divorce? 1. In the petition both of you need to show that there if no claim of any thing in future from each other.... 2. Need to undertake that in future both you wont interfere in each other life. 3. Need to show that both of you leaving separately due to difference of operation which cannot be soughted out by any means and since from last one year and date of separation should be mentioned in the petition. What is the easy way to close the open cases of dowry and harassment before settlement? During the course of proceeding you can seek for cooling period relief as provided under recent supreme court judgment. Please provide guidance for Alimony which one is better monthly payment or lump sum payment? Normally the above subject wont arise in mutual consent case that both of you voluntarily decided to leave separately. If the husband ready to provide the same, then it will be well and good. The such things should be mentioned in the petition. Here it is wish to adopt monthly payment or one time settlement. The mode of settlement if there is any claim that should be decided early. Other wise if there is some differences or other party is refused to provide the maintenance, the concept of the mutual consent will collapse. So before entering into the petition please specific of the same. You can contact us if interested.

Advocate M Lakshmikanth Arya LawRato

941 votes

Hi...if you both parties are ready for settlement then mutual consent is the best recourse by that you can get divorce within six months of filing the case and one time settlement is better than monthly maintenance. Thank you

Advocate Rama Chandra Shenoy LawRato

649 votes

firstly if you are a hindu, divorce outside court through settlement is invalid, you both can file mutual consent divorce in court, the six months waiting period can be waived by court you will get divorce early and legally, further it is better that instead of monthly maintenance you take permanent aliomny in lumpsum and get out of this relationship early, in the terms of settlement just mention that you both are not able to reside and are residing seperately for more then a year, all cases against each other will be withdrawn, you have received permanent aliomny for your future life, and without any force, undue influence, pressure, fraud you both have decided to get Divorce, further regarding the closure of cases of dowry and harrassment they can be closed without any problem by leading evidence at the earliest, and normally the court will not delay if everything is settled between husband and wife.

Advocate Bharat Narasgouda LawRato